ARVIND KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE appeals are directed against the order dated 17.3.2005 passed by the learned Single Judge in a batch of cases dismissing the writ applications filed by the petitioners -appellants challenging their reversion as well as recovery of the amount paid to them on account of promotion.

(2.) EXCEPT some appellants who were Class IV employees remaining appellants were holding Class III post, that is, Basic Health Workers. They were promoted to the post of Clerk in the year 1992 and onwards. An audit team raised an objection to the said promotion that they cannot be promoted and thereafter the matter was taken up by the Government and ultimately the appellants were reverted to the original post. Being aggrieved with the said order, the some of the petitioners -appellants came to this court and this court quashed the order on the ground that adequate opportunity to show cause was not given to them. Thereafter, show cause notices were given to the appellants to which they replied and ultimately an order was passed reverting their services to the original post and to recover the excess amounts, which has been upheld by the learned Single Judge in the impugned order.

(3.) THE learned Single Judge dismissed the writ applications on the ground that the promotion granted to the appellants was void ab initio and, accordingly, upheld the order of the authority reverting the appellants to the original post and directing to recover the excess amount.